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ARTICLE · 28 DECEMBER 2016

A Wise Decision: Recent Lessons On Evidence In Class Actions

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Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 was a recent pre-certification summary judgment decision, which was released after the Divisional Court's decision this past summer...

CanadaLitigation, Mediation & Arbitration
Ashley Paterson
Ashley Paterson
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Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 was a recent pre-certification summary judgment decision, which was released after the Divisional Court's decision this past summer in Dine v Biomet Inc, 2016 ONSC 4029. Both cases have important implications for the use of defence evidence in proposed product liability class actions.

For additional background on both decisions, see our previous blog posts on Biomet and Wise.

Overview

Biomet was a motion for leave to appeal Justice Belobaba's decision certifying a proposed product liability class action involving metal-on-metal hip implants. In dismissing the motion and upholding certification, the Divisional Court considered the appropriate treatment of evidence at the certification stage that touched on the merits of a proposed class action.

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